On April 4, 2025, India’s Parliament passed the Waqf (Amendment) Bill, 2025, marking a significant update to the Waqf Act, 1995, which governs the management of Waqf properties—assets dedicated under Islamic law for religious, charitable, or pious purposes. Introduced by Union Minority Affairs Minister Kiren Rijiju in the Lok Sabha on August 8, 2024, the bill underwent extensive scrutiny by a Joint Parliamentary Committee (JPC) before its passage. Renamed the Unified Waqf Management, Empowerment, Efficiency, and Development (UMEED) Act, 1995, it aims to modernize and streamline the administration of Waqf properties while addressing long-standing issues like mismanagement and disputes. Here’s a breakdown of what the bill entails, its key changes, and why it’s sparking debate.
What is Waqf?
Waqf refers to property—movable or immovable—permanently dedicated by a Muslim for purposes recognized under Islamic law as pious, religious, or charitable. This could include mosques, graveyards, schools, or welfare programs. Once designated as Waqf, the property is irrevocable and cannot be sold, inherited, or transferred. In India, Waqf properties span approximately 940,000 acres, making them the third-largest landholder after the Indian Railways and the Armed Forces, with an estimated value of ₹100,000 crore (US$12 billion).
Why Amend the Waqf Act?
The Waqf Act, 1995, empowered State Waqf Boards to manage these properties, but over time, concerns emerged about inefficiency, corruption, and legal disputes. High-profile cases, like the Karnataka Waqf Board land scam and claims over entire villages (e.g., Thiruchenthurai in Tamil Nadu), highlighted issues such as unchecked land grabs and poor oversight. The government argued that the 1995 Act needed reform to enhance transparency, protect stakeholders’ rights, and ensure Waqf revenues benefit marginalized communities, particularly poor Muslims.
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Key Changes in the Waqf Amendment Bill, 2025
- Composition of Waqf Bodies
- The bill mandates the inclusion of two non-Muslim members and two Muslim women in the Central Waqf Council and State Waqf Boards, promoting diversity and gender equality.
- It also ensures representation from various Muslim sects (e.g., Shia, Sunni, Backward Classes) to make governance more inclusive.
- Property Registration and Oversight
- All Waqf properties must now be registered on a centralized digital portal within six months of the law’s enactment, aiming to improve tracking and prevent financial leakages.
- The District Collector or a senior state official (not below Deputy Collector rank) replaces the Survey Commissioner for conducting Waqf property surveys, shifting some authority from Waqf Boards to government officials.
- Waqf by User Doctrine
- The original bill proposed abolishing “Waqf by user”—a practice where properties are recognized as Waqf based on long-term religious or charitable use, even without formal documentation. After JPC recommendations, this applies only prospectively: existing registered Waqf properties retain their status unless disputed or identified as government land.
- Dispute Resolution
- District Collectors now have the final say in determining whether a property is Waqf or government-owned, reducing the Waqf Board’s unilateral authority.
- Waqf Tribunals are restructured to include a District Judge, a Joint Secretary-level officer, and a Muslim law expert. Decisions can be appealed in High Courts within 90 days.
- Eligibility to Create Waqf
- Only individuals practicing Islam for at least five years can dedicate property as Waqf, and they must own the property outright. This aims to clarify ownership but has raised concerns about excluding recent converts.
- Transparency and Accountability
- The central government can now order audits by the Comptroller and Auditor General (CAG) or a designated officer, ensuring financial accountability.
- The bill repeals the Mussalman Wakf Act, 1923, consolidating Waqf governance under one framework.
The Debate: Support vs. Opposition
Supporters’ View
The ruling National Democratic Alliance (NDA) argues that the bill benefits poor Muslims, especially women and marginalized sects like Pasmandas, by curbing mismanagement and ensuring Waqf revenues fund welfare initiatives. Minister Rijiju emphasized that it aligns with the vision of Sabka Saath, Sabka Vikas (Together with All, Development for All) and does not interfere with religious freedoms. The inclusion of non-Muslims, they say, brings expertise and transparency without undermining Muslim representation.
Opponents’ Concerns
Opposition parties, including Congress, AIMIM, and TMC, call the bill “anti-Muslim” and “unconstitutional,” alleging it violates Articles 14 (equality), 15 (non-discrimination), and 26 (freedom to manage religious affairs). Critics like AIMIM’s Asaduddin Owaisi argue it weakens Waqf Boards, potentially allowing the government to seize properties like mosques and graveyards. The requirement of five years of Islamic practice and the shift of authority to District Collectors have also drawn ire as overreach.
What’s Next?
With its passage in both the Lok Sabha and Rajya Sabha (128-95 vote on April 4, 2025), the bill is now law. Its implementation will test whether it achieves its stated goals of efficiency and empowerment or fuels further legal and social tensions. For now, it remains a polarizing issue, reflecting broader debates about governance, religion, and property rights in India.